ORIENTAL INSURANCE CO. LTD. Vs. MANGRI DEVI

JUDGEMENT

(1.) This appeal has been preferred by the Insurance Company against the judgment and award of compensation passed in M.A.C.C. Case No. 24 of 2005 passed by Principal District Judge-cum-M.A.C.T., Simdega whereby and whereunder Rs.4,10,000.00 as compensation in favour of claimants and Rs.11,000.00 towards fee of claimants' lawyer with interest at the rate of 7% from the date of judgment has been awarded.

(2.) The appeal has been filed mainly on the ground that the tractor was insured by the appellant-Insurance Company under Kisan Package Policy which covers only third party damage, personal accident insurance of owner and driver and building of insured against fire and burglary. Under the term of policy, the vehicle was intended to be used only for agricultural purpose and not for commercial purpose like transporting goods and passengers. As per claimant's case and the findings recorded, the deceased was travelling on trailer along with goods when the accident took place. In this way, there was a definite breach of terms and conditions of Insurance Policy and being a gratuitous passenger, he will not come within the meaning of third party.

(3.) Learned counsel appearing on behalf of Insurance Company has relied on a judgment in the case of Oriental Insurance Co. Ltd. v. Brij Mohan, (2007) 7 SCC 56 :